I'm 18 years old and My father is in ICU at the hospital that i work at but he is incpacitated and is unable to make any decisions, and he and my mother are going throug a divorce and my family wants me to be his Power of Attourny but i dont know exactly what that is, how i become it or anything like that, I know this is what he wants also, he told me he wanted my mom out of everything and she said she would help me but she doesnt want to be his PoA and i am his only living relative over legal age. any advice would be GREAT!
You say he is incapacitated but do not describe the incapacitation. If he is able to formulate and communicate his desire, and understand the consequences of that decision, it is possible that he may still be able to sign a power of attorney. If he is not, you will have to petition the court to appoint you as a guardian. Are your parents divorced? If so, then you may not need a guardianship. You need to speak with his physicians and an attorney in your state to determine your father's mental competence, the decisions that will be need to be made and the procedures for making them. Best of luck to you.
I wasn't going to answer until you came back with your inane added information. First, you are wrong. An incapacitated party cannot give POA and a third-party may not legally give POA for an incapacitated party. So, if your father is incapacitated, it's a done deal. Now, what you MAY be thinking of is guardianship which allows you to make financial and healthcare decisions for your father. In this instance, you will need to file for guardianship through the courts and this is not somethig you can or should do on your own.
My recommendation at this point would be for you and your mother to contace the social services department or case manager of the hospital he is in and ask them to assist you in creating a Durable Power of Attorney for Healthcare. Because your mother is willing to opt out of the situation then this will not be a complex process - and they can guide you through the steps. Being the DPOA for your father will mean that any and all medical decisions he is unable to make on his own you will have to make for him -- you need to utilize what is in his best interest and what you know he would have wanted done if he was able to speak for himself. It's a very important role in a persons life - especially one so young. If the incapacitation period is going to be lengthy you can speak to an attorney about extending the POA to cover caring for your fathers affairs that do not relate to medical care - such as bills, finances, and property. Good luck, and my best to your father. Just a note: You can become the DPOA even if your father is already incapacitated - this would normally fall to his spouse, but since she does not want to accept the role she can opt out and you can be appointed because someone has to speak for your father and it is in his best interest. Talk to Social Services, the case manager, or even pastoral care - they can and will help you.
WellI can stop you and your family in your tracksif he is already incapacitated, he cannot give a power of attorney to anyone. A POA is something that you sign when you are of sound mind and memory appointing someone with all the powers you yourself are able to do (banking, sell property, investing, etc.) In this instance you would have to apply to your Public Trustee's office to be appointed his comitte (sp?) which not unlike a POA with respect to the powers you have but it appointed by the Public Trustee not the person. If there are disputes and infighting amongst the family, more than likely the Public Trustee would appoint a Third Party (more than likely someone from their office). As to your additional details that is what I have described above and is not a POA but does give you similar powers. The doctor cannot reccomend you all he can do is say in his professional opinion your father is incapable of handling his own affairs.
You need to call information and ask for LEGAL AID, I wish you luck, but I think it will be hard, because your Mom and Dad are still married, and legally she can make decisions, if your Dad wakes up, and you have papers from the lawyer, you can have a witness at the hospital and your Dad can nod his head in answer to the question, Do you want your son to have Power of Attorney, Good Luck,,,,I hope your Dad pulls through
